Our Team

Timothy E. Cupp

Timothy E. Cupp

Background

Tim Cupp obtained his undergraduate and law degrees from the University of Virginia. Prior to moving to Harrisonburg, Virginia, he practiced in Fairfax, Virginia and Charlotte, North Carolina. In 1992, he started his own law firm, and his practice evolved from a business and litigation practice to one with an employee and consumer rights focus. In 2014, he merged his practice with Shelley & Schulte, P.C.

Tim now primarily represents individuals in cases involving the employment relationship. He handles a broad variety of matters, including discrimination and retaliation claims under the Americans With Disabilities Act, the Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Age Discrimination in Employment Act, wage, overtime, equal pay, and retaliation claims under the Fair Labor Standards Act, and the Virginia Human Rights Act. In addition to his representation of individuals, he represents groups of workers in collective actions pursuing wage claims under the Fair Labor Standards Act.

Tim also represents consumers who have been subjected to unfair and illegal consumer practices by financial institutions and other businesses.

He has substantial experience with alternative means of dispute resolution, including through mediation.

Recent Publications

  • Finding Good Plaintiffs and Structuring Good Cases, Kimberly H. Berry, Peter C. Cohen and Timothy E. Cupp, presented at 2020 Virginia CLE’s 29th Employment Law Update 
  • Leave, Drugs and Stress:  Cutting Edge Issues Under the Americans With Disabilities Act, at the May 2018 Virginia CLE, 27th Annual Employment Law Update.
  • The New ADA – Analysis of the Sweeping Amendments to the Americans With Disabilities Act, presented at February 2009 Virginia CLE.
  • Latest Theory of Family Responsibility Discrimination, presented at 2008 Virginia CLE 17th Annual Employment Law Update.
  • Trial Tips for Litigating Employment Cases-The Plaintiff’s Perspective, presented at 2003 Georgetown Law Center CLE “Litigating Employment Cases: Views from the Bench”.
  • The FMLA, the ADA and the Virginia Worker’s Compensation Act-Overlaps and Comparisons, presented at 1997 Virginia Trial Lawyers Association seminar.
  • The Virginians With Disabilities Act and the Virginia Human Rights Act, Employment Law in Virginia (3d Ed.).

Noteworthy Cases

U. S. Court of Appeals for the Fourth Circuit

  • Cline v. Wal-Mart, 144 F.3d 294 (4th Cir. 1998)

U.S. District Court

  • Lusk v. Va. Panel Corp., 96 F. Supp. 3d 573 (W.D. Va. 2015)
  • Domonoske v. Bank of America, 790 F. Supp. 2d 466 (W.D. Va. 2011)
  • Domonoske v. Bank of America, 705 F. Supp. 2d 515 (W.D. Va. 2010)
  • Conley v. Town of Elkton, 381 F. Supp. 2d 514 (W.D. Va. 2005)
  • Benson v. E.I. DuPont de Nemours & Co., 182 F. Supp. 2d 527 (W.D. Va. 2002)
  • Pitchford v. Oakwood Mobile Homes, Inc., 124 F. Supp. 2d 958 (W.D. Va. 2000)

State Supreme Courts

  • Cave Hill Corp. v. Hiers, 264 Va. 640, 570 S.E. 2d 790 (2002)
  • Embree Constr. Group, Inc., v. Rafcor, Inc., 330 N.C. 487, 411 S.E. 2d 916 (1992)

 Virginia Circuit Courts

  • McClosky v. Warren County Dept. of Soc. Services, 81 Va. Cir. 35 (Warren County 2010)
  • Gonzalez v. CPS, Inc., et al., 66 Va. Cir. 43 (Rockingham County 2004)
  • McGladrey Pullen, LLP, et al. v. Shrader, 62 Va. Cir. 401 (Rockingham County 2003)
  • Trawood, L.L.C. v. A/H Port Crossing Associates, 51 Va. Cir. 293 (Rockingham County 2000)
  • Clegg v. Local 149 U.A.W., 47 Va. Cir. 276 (Rockingham County 1998)

Accolades

“My great privilege has been to have represented courageous working women and men during my career. I count this as having, to paraphrase Theodore Roosevelt, spent myself in a worthy cause.”

Education

  • University of Virginia, Charlottesville, Virginia, J.D., 1983
  • University of Virginia, Charlottesville, Virginia, B.A., with High Distinction, 1980

Admitted

  • United States Supreme Court
  • All Virginia Courts
  • All North Carolina Courts (currently inactive)
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Courts for the Eastern and Western Districts of Virginia
  • U.S. Bankruptcy Courts for the Eastern and Western Districts of Virginia
  • U.S. District Court for the Western District of North Carolina

Professional Affiliations

  • Virginia State Bar
  • Harrisonburg-Rockingham Bar Association
  • National Employment Lawyers Association
  • Virginia Employment Lawyers Association